Jurist

Colombia court strikes down military justice law

The Constitutional Court of Colombia ruled in an unreleased decision on Oct. 23 that a constitutional amendment and pursuant statute (PDFexpanding the military justice system is unconstitutional. Magistrate Jorge Ivan Palacio announced that the decision was based on "procedural defects" within the law. The measure would have placed violations of international human rights law involving the armed forces—categorizing them as acts related to military service—under the jurisdiction of an expanded military justice system. Advocacy groups such as Human Rights Watch have alleged that the measure would have increased impunity for human rights violators. Defense Minister Juan Carlos Pinzón, however, expressed the belief that the ruling was a blow to the military that would decrease morale. He also suggested that the government would attempt a revised version of the bill. Under the current law, all human rights cases are to be tried in civil court. The decision is not subject to appeal.

Musharraf granted bail in Red Mosque killings case

Former Pakistani president Pervez Musharraf was granted bail Nov. 4 in a criminal case concerning the death of radical cleric Abdul Rashid Ghazi during an operation ordered by Musharraf on Islamabad's Red Mosque, which left more than 100 dead. Musharraf was arrested on these charges on Oct. 10. His bail is set to be paid in two bonds of $1,000 each. Prosecutors claim Musharraf caused the deaths by recklessly deploying security forces, while Musharraf's lawyers argue that his involvement was limited. Even after posting bail, Musharraf will be unable to leave the country under the orders from the Pakistani government. Musharraf's house arrest began in April after he was charged with involvement in the murder of former prime minister Benazir Bhutto and others. 

US medical professionals implicated in torture

Doctors and psychologists working in US military detention centers helped to design methods of torture for terrorism suspects, according to an independent report supported by the Institute on Medicine as a Profession and the Open Society Foundations that was released Nov. 4. The report, entitled "Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror," examines various charges that the Department of Defense (DoD) and Central Intelligence Agency (CIA) "improperly demanded that US military and intelligence agency health professionals collaborate in intelligence gathering and security practices in a way that inflicted severe harm on detainees in US custody." Such methods, the report asserts, forced doctors to violate ethical and medical principles in order to inflict "torture and cruel, inhumane and degrading treatment" on detainees. While acknowledging that some steps toward improvement have been taken by the DoD in recent years, the report urges that further changes need to be made so that medical professionals are not made to undermine their own ethical standards.

Israel settlement plans criticized as unlawful

Top UN and EU officials denounced the renewed plans for Israeli settlements announced Oct. 30 by the Israeli Prime Minister's Office and Ministry of the Interior. The plans include building more than 1,500 homes in Jewish settlements in east Jerusalem and the West Bank. EU High Representative Catherine Ashton in a statement (PDF) declared them to be illegal under international law. Ashton said the EU deplores the recent announcements and has "called on Israel to end all settlement activity, including natural growth, and to dismantle outposts erected since March 2001."

Gitmo lawyer: declassify interrogation techniques

The lawyer for five Guantánamo Bay prisoners charged with plotting the September 11 attacks has asked President Barack Obama to declassify the CIA interrogation program that allegedly subjected prisoners to torture. The letter (PDF), made public on Oct. 25, calls upon Obama to make the details of the CIA's rendition, detention and interrogation (RDI) program public. This program has been linked to certain interrogation techniques that have been said constitute torture. In the letter, the lawyer for the defendants argues:

Court: no jurisdiction in ex-Gitmo detainee suit

The US Court of Appeals for the Ninth Circuit ruled (PDF) Oct. 7 that the Detainee Treatment Act prevents the court from having jurisdiction over a former Guantánamo Bay detainee's lawsuit for damages. Adel Hassan Hamad, a Sudanese national, was captured in 2002 and transferred to Guantánamo prior to an agreement an agreement to transfer him to Sudan in 2007. Hamad states that that he was wrongfully detained and subjected to torture while held and filed the lawsuit to seek damages stemming from his detention. The Ninth Circuit vacated the district court's orders and directed the district court to render a judgment dismissing the lawsuit. The US Court of Appeals for the District of Columbia Circuit in 2001 ruled that Hamad could not continue to litigate a habeas corpus petition and refused to order the government to rescind their designations as "enemy combatants."

US court upholds conviction of ex-Gitmo detainee

The US Court of Appeals for the Second Circuit on Oct. 24 upheld the conviction (PDF) of ex-Guantánamo detainee Ahmed Khalfan Ghailani in the 1998 bombings of two US embassies in Africa. Ghailani had appealed his conviction on the premise that his constitutional rights to a speedy trial had been violated by his lengthy detainment and interrogation by the US Central Intelligence Agency (CIA). Although the interrogation techniques that were used remain classified, the CIA has justified this practice as an effort to gain "critical, real-time intelligence about terrorist networks and plots." This appeal provided the court an opportunity to consider, and ultimately provide support for, the legal implications of US efforts to gain intelligence from terrorism suspects before prosecuting them. Ghailani's lawyer has said that he will appeal the case to the Supreme Court.

Libya indicts Qaddafi aides for crimes in 2011 war

About 30 aides to Moammar Qaddafi, including his son Saif al-Islam Qaddafi, were indicted Oct. 24 by a Libyan court for a list of offenses allegedly committed during the 2011 revolt in the country. The charges levied against them include murder, kidnapping, complicity in incitement to rape, plunder, sabotage, embezzlement of public funds and acts harmful to national unity. Although less than half of the defendants appeared in court for the indictment hearing on Thursday, all defendants must be present at the trial hearing, the date of which has not yet been set. The trial will be one of the most high-profile in the country's history, with defendants including senior officials such as former intelligence chief Abdullah al-Senussi and Qaddafi's last prime minister Baghdadi al-Mahmudi.

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